
IJ 



Book -l is 



STATUTE LAWS ^ ^ , 

RELATING TO THE •* -^ ~ 

BUEEAU OF PUBLIC INSTRUCTION, 

H. I. 



■ -•-'«■ 



AN ACT 

To Repeal Chapter 10 of the Civil Code, and to Regulate 

THE Bureau of Public Instruction. 

Be it enacted hy the King and the Legislative Assembly of the in 
Haivaiian Islands, in the Legislature of the Kingdom assembled : 

Section 1. That Chapter 10, containing sections 693 to 767, 
both inclusive, of the Civil Code be, and the same is hereby 
repealed. 

Section 2. There shall be an Executive Bureau, to be styled 
the Bureau of Public Instruction ; which shall be superintended 
and directed by a Committee of the Privy Council, to consist 
of five members, and to be called the Board of Education. T.ie 
members of the said Board shall be chosen by the King ; and 
one of their number shall, by him, be appointed President, and 
all shall serve Avithout pay ; but no person in holy orders or a 
Minister of religion shall be appointed to fill the office of Presi- 
dent. In the absence of the President a member of the Board, 
acting as Vice-President pro tem., shall preside over its 
meetings. 

Section 3. The said Board shall have entire charge and 
control of the Bureau of Public Instruction ; shall superintend 
the execution of nil laws relating thereto ; shall have the power 
to make its own by-laws, not in contravention of the laws of this 
Kingdom ; shall keep regular records ef its proceedings, and 
make a report, through its President, of the business and trans- 
actions of the Bureau to the Legislature at each of its regular 
sessions. 



2 U^xicji 

Section 4. The said Board may, from time to \\tne, adopt 
rules for the internal regulation and management of the Com- 
mon Schools, and of all schools supported by Government, not 
inconsistent with any law of this Kingdom ; which rules, when 
made known, shall be obligatory upon teachers and scholars 
alike, and in all matters the Board shall have full administrative 
power in everything connected with education conducted at 
the expense of the public. 

Section 5. For the purposes of this Act, the said Board 
shall possess the powers and privileges of a corporation. 

Section 6. The President of the said Board shall keep an 
office at the seat of Government, and shall sign all official docu- 
ments of the Board in order to their validity, and he shall be 
authorized to employ a clerk to assist him in the discharge of 
his duties, whose salary shall be such as the Legislature may, 
from time to time, determine. 

Section 7. The seal of the Bureau of Public Instruction shall 
be such as may be approved by the Board of Education, and 
copies of all documents belonging to the said Board, certified 
by the President and impressed with such seal, shall be as valid 
evidence in any court of law as the original. 

op the common schools. 

Section 8. The object of the Common Schools, supported by 
Government, is to instruct the children of the nation in good 
morals, and in the rudiments of reading, writing, geography, 
arithmetic, and of other kindred elementary branches. 

Section 9. For the purposes of education, the Kingdom is 
divided into school districts, the boundaries of which are the 
same as those of the taxation districts ; that is to say, the 
Island of Hawaii shall be divided into eight uniform school dis- 
tricts, as follows : 1, Hilo ; 2, Puna ; 3, Kau ; 4, South Kona ; 
5, North Kona ; 6, South Kohala ; 7, North Kohala ; 8, Hama- 
kua. The Island of Maui shall be divided as follows : 1, from 
Kahakuloa to Ukumehame, including Kahoolawe ; 2, from Wai- 
hee to Honuaula, inclusive ; 3, Kahikinui, Kaupo, Kipahulu, 
Hana and Koolau • 4. Hamakualoa, Hamakuapoko, Haliimaile, 



AOG 28 1907 



Makawao and Knla ; 5, Molokai ; 6, Lanai. The Island of Oahu 
shall be divided as follows : 1, from Maunalua to Moanalua, 
inclusive ; 2, Ewa and Waianae ; 3, Waialua ; 4, Koolauloa ; 
5, Koolaupoko. The Island of Kauai shall be divided as fol- 
lows : 1, from Nualolo to Hanapepe, inclusive ; 2, from W^hi- 
awa to Mahaulepu, inclusive ; 3, from Kipu to Kamalomalo, 
inclusive ; 4, from Anahola to Kilauea, inclusive ; 5, from Kalihi- 
wai to Honopu, inclusive ; 6, Niihau. 

Section 10. The above districts m^y be sub-divided by the 
Board of Education, or their boundaries fixed by geographical 
lines, for greater convenience and efficiency in conducting the 
Public Schools ; and the Board of Education shall be empow- 
ered to determine what daily average attendance of hcholars, 
throughout the year, shall be held sufficient for the continuance «' 
of Government Common Schools in general, and also to decide 
upon a larger or smaller average daily attendance throughout 
the year, as the rule to guide in the case of any individual 
school. 

OF THE INSPECTOR GENERAL. 

Section 11. The Board of Education shall appoint, from 
among their own number, or otherwise, an Inspector General 
of Schools, to hold office during the pleasure of the said Board, 
and who shall receive such salary as the Legislature shall, from 
time to time, determine ; provided, always, that no person in 
holy orders or Minister of Religion shall be eligible to fill the 
office of Inspector General. 

Section 12. It shall be the special duty of the Inspector 
General of Schools to make frequent tours of the respective 
islands and districts ; to examine into the condition of the 
Schools supported or aided by the Government ; to inform 
school officers and teachers of their several duties under the 
law ; and to foster, generally, an interest in the cause of 
education. 

Section 13. The Inspector General of Schools shall be in- 
vested by the Board of Education with discretionary powers, 
such as the opening and closing of schools, the appointment and 



dismissal of school teachers ; the arranging and re-arranging of 
the studies to be pursued, and the prominence to be given to 
any particular branch of learning ; he shall also have full au- 
thority to examine the books, vouchers and accounts of the 
scfiool agent and local Board of Trustees ; to order repairs of 
Government school-houses and premises ; to hold competitive 
examinations among those desirous of serving as school teach- 
ers, and to give certificates of approval to those found compe- 
tent ; and in these, and in all other matters intrusted to him by 
the Board of Education, he shall act temporarily with the same 
authority as though the Board itself were acting in the matter; 
and of all such doings, in the name of the Board, he shall render 
in person or in writing a distinct statement to the Board, which, 
in its judgment, may approve or disapprove of all or any of his 
acts thus temporarily performed in its name. 

OF SCHOOL AGENTS. 

Section 14. The Board of Education shall appoint in each of 
the school districts, an officer to be called the School Agent, to 
whom, under the Board and the Inspector General of Schools, 
shall be principally entrusted the execution of all the acts, or- 
ders, instructions and regulations of the Board of Education 
and of the Inspector General of Schools, pending the approval 
of the Board ; and the said agents shall be continued in office 
during the pleasure of the Board of Education. 

Section 15. The pay of the school agents shall be such as 
the Board of Education shall, from time to time, determine ; it 
being understood that the pay of the several school agents may 
vary, in view of the value or amount of services performed. 

Section 16. The school agents shall be ex-qfficio treasurers of 
the School Fund in their respective districts, and shall safely 
keep, and properly apply said fund, in such manner as they 
shall be directed by the Board of Education or the Inspector 
General ; and, for the faithful performance of their duty, they 
shall give bonds, for such an amount and with such security, as 
the Board of Education shall approve and require. 

Section 17. The several school agents shall, under the Board 



of Education, be the trustees of all the school property in their 
respective districts, and shall severally have the power to sue 
and be sued in any Court of the Kingdom. The school houses 
in the respective districts shall be especially under the care of 
the school agents, and they shall, as far as possible, presei*7e 
the same from injury and decay ; and, when occasion requires, 
call the attention of the Inspector General, or directly of the 
Board of Education, to such steps as seem necessary to that 
object. 

OF DISTRICT SCHOOL BOARDS. 

Section 18. In each of the school districts, as hereinbefore 
prescribed, there shall be a School Board, to consist ex-officio of Act of isto, 
the School Agent, the District Justice, and one other member, 
chosen by the parents and guardians of the scholars attending 
the Common District Schools. 

Section 18a. The School Agent of each District shall cause 
to be returned to him, on or before the first Monday of March 
in each year, by each teacher of the Common District Schools, 
a correct list of the names of the parents and guardians of the 
children attending the Schools, and he shall hold an election by „ . ,„ 

° • ' _ , -^ Section 18a, 

ballot, of which at least ten days previous notice shall have Actof isto, 

. . p. 16. 

been given ; on the last Monday of March in each year, between 
the hours of ten and two, for the third member of the District 
School Board ; and the electors of said member shall be only 
such parents and guardians, whose names may be found in the 
list prepared by the teachers of the Common District Schools, 
as hereinbefore provided. 

Section 18b. Each of the members of the School Board shall, 
at any time be authorized to call a meeting of the Board to 
which he belongs, for the purpose of discussing the material 
and other interests of the Educational system in their districts, section isb, 

, . , , . 1 m 1 \ ' Act of 1870, 

and it shall be incumbent on the School Agents whenever re- Pj)17. 
quired to do so, to show to both or either of his colleagues, his 
book of accounts and all documents explanatory of his official 
doings. At all times, when the other members of the School 
Board shall conjointly require it, the School Agent shall prove 



to them, that the funds in his keeping coincide in amount, with 
the showing of his account books. It shall be the duty of the 
School Board, at all times, to reasonably assist the School Agent 
in the execution of his duty, and in order to do so, they shall 
afford him any information of which they are officially possessed, 
of such a nature as to be of service to him, and the}^ shall lend 
him help in the execution of his office, especially when illness 
or a temporary absence shall render such aid necessary. 

OF THE SCHOOL REVENUE. 

Section 19. The revenue for the support of Government 
schools shall be derived from direct appropriations by the 
Legislature, from the interest accruing on the school fund, the 
rent of school lands, and from the School Tax, as provided in 
Section 486 of the Civil Code ; and it shall be the duty of the 
Board of Education to present, through its President, to the 
Legislature at each regular session, an account of the receipts 
and dispursements of the school revenue for the two fiscal 
3^ears, ending on the 31st day of the month of March of every 
alternate year. 

OF ATTENDANCE. 

Section 20. It shall be incumbent on all parents, guardians 
and adopters of children, to send such children, from their sixth 
to their fifteenth years, to some lawful school, public or private, 
to be instructed in good morals and elementary learning. 

Section 21. If any child shall persist in absenting himself 
from school, any Police or District Justice shall, upon proper 
complaint being made by the school teacher, the school agent, 
or the Inspector General, cause the father or mother, or guard- 
ian or adoptive parent of the child, together with the child, to 
be arrested; and, upon its being proved that the person respon- 
sible for the child, as a minor, has not used proper diligence to 
enforce the child's regular attendance at school, the said re- 
sponsible party shall be fined by the said Police or District 
Justice in a sum not exceeding five dollars ; and, in default 
thereof, be subjected to imprisonment at hard labor for a term 
not to exceed fourteen days ; and, in case the child shall prove 



the offending party, the Police or District Justice shall send 

him to a Reformatory and Industrial School, for a term not less 

than six months, nor more than two years, or otherwise sentence ^'^^^^^'^^^^' 

him to a fine not exceeding two dollars, or imprisonment at hard 

labor for a term not exceeding ten days. * 

Section 21a. The teachers of all Government Schools for 
the education of native Hawaiian children, shall keep a correct 
register of the names, sex, age (as fer as ascertainable), and the 
places of residence of the children attending their respective 
schools ; and no teacher of any school, for the education of 
native Hawaiian children, shall grant a release from his or her 
school to any child under fifteen years of age, who may be 
registered as attending the same, for the purpose of entering Act of ises, 
another school, unless the consent and approval of the parent » 
or guardian of such child, so requesting to be released, shall be 
made in writing, by such parent or guardian, or on application 
made by the School Agent of the District, for good reason 
shown to his satisfaction. In every such case a certificate in 
writing shall be granted, setting forth the facts, and signed by 
the teacher. 

Section 21b. No teacher shall receive into his or her school 
any child, under fifteen years of age, who may have attended 
another school, unless such child, his or her parent or guardian, 
produces to the teacher of the school so sought to be entered, 
a certificate of release, signed by the teacher of the school last 
attended, as hereinbefore provided. And the teacher of any Actofisesi 
school who shall violate any of the requirements of this and 
the foregoing section, shall on conviction before a Police or 
District Justict, be subject to a fine of five dollars for the first 
offense, and for a second offense, be liable to a fine of ten dollars, 
and removal from office, at the discretion of the court. 

OF TEACHERS OP COMMON SCHOOLS. 

Section 22. The teachers of common schools shall be certfi- * 
cated by the Inspector General; no person shall teach in them 
who has not received a certificate, and no person shall receive 
a certificate without having exhibited satisfactory evidence of 
good moral character and qualification to teach ; and every 



certificate so granted, may be cancelled, upon grounds which 
shall appear sufficient to the Inspector General of Schools, or 
by the Board of Education ; provided^ alivays, that any teacher, 
whose certificate has been cancelled by the Inspector General, 
mky lay his case before the Board, in the shape of an appeal 
from the decision of the Inspector General. 

Section 23. The teachers of the Common Schools shall be 
AcTonsTo, appointed by the School Boards of the respective districts, and 
P-^'^" may be removed by the same, subject to appeal from their de- 
cision, to the Board of Education. 

Section 23a. Whenever the parents of the children attending 
any Government Common School, shall deem themselves ag- 
grieved on account of the conduct of the teacher, or should 
they desire to call any individual to act as teacher, they shall 
Section 23A, l^avo the risfht to present their petition in writing;, to the dis- 

Act of 1870, or r . . 

p-1^- trict School Board, who shall then appoint a time for the hear- 
ing of the case ; and if, in their opinion, the cause of the 
petitioners shall have been proved, by good and sufficient testi- 
mony, they shall grant the petition. 

Section 24. Each teacher shall have power to administer 
necessary and reasonable punishment upon the pupils of his 
school, and shall not in any way be punishable for so doing. 

Section 25. The pay of the teachers of the Common Schools 
shall be such as the Board of Education shall determine gener- 
ally, or to suit particular cases, 

OF BOOKS AND STATIONERY. 

Section 26. The Board of Education shall, from time to time* 
furnish to the respective school agents such books and sta- 
tionery as in the opinion of the said Board may be needed for 
the use of the common schools, and shall make such arrange- 
ments and provisions as shall, to the Board, seem best adapted 
to secure payment for those furnished to the pupils. 

^ ,. „„ Section 26a. The scholars in the Govemment Schools shall 

Section 26a, 

^<^^ofu&%, be supplied by their parents or guardians with the books and 
stationery requisite for their use. 



Act of 1868, 
p. 29. 



Section 26b. In case any scholar shall not be furnished by 
his parents or guardians with such books and stationery, he section 2P;b, 
shall be supplied therewith by the School Agent of the district, v- ^&- 
who shall be authorized to pay for the same out of the school 
funds of the district. * 

Section 26c. The School Agent shall inform the Tax Col- 
lector of the district of the names of the scholars supplied with 
books and stationery, as provided in the last preceding section, 
and the amount expended for each, together with the name of gectiot. 2Ca 
the parent or guardian who should have supplied the same, and 
the Collector shall add such amount to the school-tax of such 
parent or guardian, for the next year, and collect the same, 
unless such School Agent shall be of opinion that said parent 
or guardian is unable to pay the amount thus expended for 
books and stationery so supplied, in which case he may remit 
the whole, or a part thereof, as muy be just. 

OF INSTITUTIONS ENDOWED BY GOVEENMENT, AND SELECT SCHOOLS. 

Section 27. Every literary institution, seminary of learning 
or select school, supported by G-overnraent, shall be under the 
superintendence, control and direction of the Board of Educa- 
tion ; provided, ahvays, that where such institution, seminary 
or select school is endowed or supported in part only by the 
Grovernment, the Board of Education shall not, unless expressly 
authorized by law, have the absolute control and direction of 
the same, but only a general oversight, with the right to visit 
and to inquire into its general condition and operation, and to 
see that the objects of the public endowment or support are 
faithfully ^executed. 

Section 28. Whenever the Board of Education shall be satis- 
fied that the charter of an}^ literary institution has been violated, 
it shall be the duty of the President of said Board to report 
such violation to the Attorney General, and said Attorney 
General shall take immediate steps to have such charter 
annulled- 

Section 29. Nothing in this Act contained shall be construed 

to forbid the free establishment of select and indeuendent 

2 



10 

schools, to be supported without assistance from the Govern- 
ment, provided they be not of an immoral tendency. The 
teachers of such schools shall annually report to the Board of 
Education the number of their scholars, by what mean sup- 
ported, and the general character and condition of their re- 
spective schools. 

OF ENGLISH SCHOOLS FOE HAWAIIAN BOYS AND GIELS. 

Section 30. It shall be lawful for the Board of Education to 
contribute, out of the funds at its disposal, towards the estab- 
lishment of one or more boardin.G: schools for the instruction of 
Hawaiian boys in the English language, and other branches of 
education. 

The Board shall determine upon the course of education to 
be followed ; shall appoint, pay and remove, when it deems 
proper to do so, the masters and teachers, and shall determine 
in what cases the boys shall be admitted free of charge, and in 
what cases the parents or guardians of the children shall con- 
tribute toward their support, and to what extent. The Board 
shall furthermore have full power to arrange all the details 
necessar}^ for the encouragement of good morals, sound bodily 
health, and useful education in the school or schools established 
in conformity with this section. 

Section 31. The Board of Education shall also contribute, to 
the greatest extent that the means at its disposal will allow, 
towards the support of family schools for Hawaiian girls, 
whether established by the Board or by private individuals, 
and in fostering such schools it shall enjoy the fullest discre- 
tionary power. 

of school lands, school houses and chuech sites. 

Section 32. The Board of Education is hereby authorized to 
dispose by sale, lease, or otherAvise, of any of the lands which 
have been, or hereafter may be, set apart for the general pur- 
poses of education. 

Section 33. All moneys and other avails of Government 
lands set apart for the general purposes of education, shall be 
kept as a separate fuud, and the interest only of such fund shall 



11 

be appropriated, as the Board of Education shall, from time to 
time, decide, for the purposes of education. 

Section 34. All avails of land sold, leased,- or otherwise dis- 
posed of, as hereinbefore provided, shall be accounted for hy 
the Board of Education in its report to the Legislature. 

Section 35. All sites for school houses and houses for public 
worship, not owned by private parties, societies or corporations, 
and all lands connected therewith, which have been granted by 
or to the Government, for the purpose of promoting the inter- 
ests of education or religion, shall be reserved as Government 
property, so long as they are devoted to the purpose for which 
they were granted, and shall be under the charge and control 
of the Board of Education ; and in case they shall cease to be 
used for the purposes for which they were granted, for not less 
than one year, they shall revert to the original grantors or 
their representatives. In all cases where lands are sold, or 
otherwise disposed of, the sites for school houses and houses 
for public worship, shall not be included in such sale or dispo- 
sition. 

Section 36. In all cases where the sites and school lands, 
mentioned in the last preceding section, constitute a part of the 
lands held in common by the Government and individuals, such 
sites and school lands shall be regarded as making a part of the 
Government portion of the land held in common, and shall be 
so regarded in every sale or disposition of the lands in which 
they are located. 

Section 37. Where a site for a school house is needed, and 
the same cannot be as well located on Government land as upon 
that of a private individual, the school agent of the district is 
authorized to take a suitable lot, not exceeding one-half acre 
as a site for such school house, first paying to the owner the 
value thereof ; such value, in case of disagreement,, shall be 
determined by a jury of three men, to be chosen, one by the 
school agent, one by the owner of the land, and the third by 
the two alread}^ chosen by the school agent and owner : the 
said jury shall have the power to locate the lot desired for the 



12 

scbool house, in a place different from that chosen by the school 
agent, should they deem it more reasonable and proper ; jpro- 
vided, hoioever, that it shall not be lawful to appropriate for 
such purpose any private burying ground or house lot, against 
the will of the owner thereof. 

Section 38. The Board of Education shall have all the school 
lands, and sites for schools and churches mentioned in this Act, 
so far as practicable, properly surveyed and registered in a 
book, to be deposited in their office, for the- use of the King's 
Government, and open to the inspection of private individuals 
desiring to examine the same. The expense of such surveys 
shall be defrayed out of the interest arising from the avails of 
the school lands. 

GENERAL PROVISIONS OF THE PARENTAL AND FILIAL DUTIES. 

Section 39. It shall be the 'duty of all children, within the 
years of legal majority, to obey all the lawful and moral com- 
mands of their parents, respecting, first, as most obligatory, 
those of the father, and next, those of the mother ; and, if 
adopted, as by law allowed, the lawful and moral commands of 
the parents by adoption ; and, in default of natural or adopted 
parents, the lawful and moral commands of the guardians ap- 
pointed according to law ; and in case of continued, willful and 
obstinate disobedience on the part of a child, it shall be lawful 
for any Police or District Justice, upon complaint being made 
by any parent or guardian, to cause the said child to be arrested 
and brought before him ; and should it appear to the said 
Justice that such child is guilty of continued, willful and obsti- 
nate disobedience, he shall sentence the said child to imprison- 
ment at hard labor, for a term not exceeding ten days ; pro- 
vided, hoioever, that no child under ten 3^ears of age shall be 
amenable to the provisions of this section. 

Section 40. Parents, that is to say, first the father and then 
the mother, or, in case they be both dead, guardians, legally 
appointed, shall have control over the actions, the conduct and 
the education of their children within the years of legal ma- 
jority ; they shall have the right, at all times, to recover pos- 
session of their children by habeas corpus, and to chastise them 



13 

moderately for their good ; and it shall be the duty of all 
parents and guardians to set a good example before their 
children ; to provide, to the best of their ability, for their sup- 
port and education ; to see that they are instructed in a ku'^w- 
ledge of the Christian religion ; to use their best endeavors to 
keep them from idleness and vice of all kinds ; and to inculcate 
upon them habits of industry, economy and loyalty ; and it shall 
be lawful for any Judge of the Supreme Court, or of any Circuit 
Court of this Kingdom, on a complaint being laid before him 
against any parent, that he or she is encouraging their children 
in ignorance and vice, to summon such parents before him ; and, 
upon its being proved to his satisfaction, to bind out such child, 
within the years of legal majority ,'to some person of good moral 
character, to be well supported, trained to good habits, and 
taught at least the rudiments of knowledge. 

OF THE CENSUS. 

Section 41. It shall be the duty of the Board of Education, 
every sixth year, counting from the year 1860, to make a com- 
plete census of the inhabitants of the Kingdom, to be laid be- 
fore the King and Legislature for their consideration ; every 
census shall comprise, in distinct columns, the number of in- 
habitants in each district, the number of each sex, and such 
other particulars as the Board of Education may direct, and 
shall show' the increase or decrease of the population. 

Section 42. To enable the Board of Education to carry into 
execution the design of the last preceding section, it is hereby 
authorized to make all proper and necessary inquiries ; and all 
persons are required, under pain of a fine, not to exceed five 
dollars, to be imposed by any District or Police Justice, to an- 
swer, to the best of their knowledge, all such questions pro- 
pounded by the agents of the Board, relatiing to, or necessary 
for, the making of a complete census. 

Section 43. The necessary expenses of making any census 
shall be paid by the Minister of Finance, upon the order of the 
Board of Education, out of any moneys appropriated by the 
Legislature for that object. 



14 

OF THE REGISTRY OF BIRTHS, DEATHS AND MARRIAGES. 

Section 44. The school agent of each district shall exercise 
the office of registrar of births, deaths and marriages in his 
di^crict, he being provided by the Board of .Education with 
suitable books and blanks for that purpose ; and he shall, at 
the expiration of each six months, make a report of the births, 
deaths and marriages in his district to the Board of Education. 

Section 45. The school agent shall be assisted in his duties 
as Registrar by the other members of the District School Board, 
as hereinbefore organized, and shall have the power to appoint 
suitable persons to act as his sub-agents in keeping a faithful 
registry of births, deaths and marriages in his district ; and 
the names of all sub-agents so appointed, proper and sufficient 
publication shall be made throughout the district. 

Section 46.' It shall be the duty of every person, authorized 
according to law to perform the marriage ceremony, to report 
to the school agent of the district the names of all persons 
married by him ; and it shall be incumbent upon the father, if 
living, of any child born in this Kingdom, and if not living, or 
if the child be illegitimate, upon the mother, within one month 
after the birth of such child, to notify some registrar of births 
and deaths in the district, of the name and sex and date of the 
birth of said child. It shall also be incumbent on any Minister 
of the Gospel, officiating at burials, any undertaker, or the 
nearest relative of legal age, of any deceased person, to notify 
some registrar of births and deaths, in his district, of the name 
and sex of the deceased, -within one week after such decease. 
Any neglect to make such notification shall subject the delin- 
quent, on conviction before any Police or District Justice, to a 
fine of one dollar, to go for the benefit of the registrar. 

Section 47. It shall be the duty of the Minister of the Inte- 
rior, upon the nomination of the Board of Education, to appoint 
a suitable number of agents in the several districts of the King- 
dom, whose duty it shall be to grant marriage licenses, agree- 
ably with the laws ; which agents shall be entitled to the fee 
of twenty-five cents for each license, to be paid by the party 



15 

applying therefor. Any such agent who shall charge more 
than that amount for any such license, or who shall receive a 
bribe for the same, shall be liable to a fine not exceeding fifty 
dollars, upon conviction before any Police or District Justice. 

Section 48. It shall be the duty of the Board of Education 
to furnish the agents aforesaid with the necessary blanks for 
marriage licenses 5 and it shall be the dut}^ of said agents at 
the close of each year, to transmit a copy of all the licenses 
granted by them during the year to the said Board, who shall 
preserve a record of the same ; and the agents shall retain a 
copy of each license in their own possession. 

Section 49. To enable the Board of Education to carry out 
the several objects contemplated in this Act, it shall be invested 
with full power to apportion and disburse the various moneys 
and avails devoted to the promotion of public education ; that 
is to say, (1) the interest accruing on the school fund, (2) the 
rents of school lands, (3) the proceeds of the school tax as pro- 
vided in Section 486 of the Civil Code, and (4) all appropria- 
tions that the Legislature may, from time to time, make for all 
or any of the purposes hereinbefore set forth. It shall also be 
intrusted with the management, control and disbursement of 
any properties or moneys that may be specially given or be- 
queathed by private individuals for the furtherance of all or 
any of the objects in this Act contemplated. 

Section 50. This law shall take effect at the expiration of 
two months from the date of its passage. 

Approved this 10th day of January, A. D. 1865. 

• KAMEHAMEHA R. 

The foregoing Act, as above printed, embodies ail amend- 
ments m^de to the same since its enactment, to the Session of 
the Legislature of A. D. 1870. 



-> 



16 

AN ACT 

To Prohibit Keepers of Coffee, Victualing, Liquor and 
Billiard Saloons, and Bowling Alleys, prom Allowing 
School Children to Frequent their Premises, Between 
THE Hours of Sunset and Sunrise. 

Be it Enacted by the King and the Legislative AssemUy of the 
Hawaiian Islands^ in the Legislature rf the Kingdom Assemhled\: 
Section 1. All keepers of Coffee, Victualing, Liquor and 
Billiard Saloons, and Bowling Alleys, and also Sugar Mills, are 
hereb}' strictly forbidden to allow an}^ school children, boys or 
girls, to remain upon their premises any time between the hours 
of sunset and sunrise, unless the same be accompanied by their 
parents or guardians. Any Keeper of a Coffee, Victualing, 
Liquor or Billiard Saloon or Bowling Alley, upon whose premises 
any school child, boy or girl, may be found between the hours 
above named, unless the same be accompanied by its parent or 
guardian, shall be deemed guilty of an offense, and shall be 
punished by a fine, of not more' than Twenty Dollars, upon 
conviction before any Police or District Magistrate, and his 
license may be revoked by the Minister of Interior, in his 
discretion. 

Section 2. If any keeper or keepers of any of the public 
places enumerated in Section One of this Act shall find difficulty 
in clearing their premises of school children, the same may call 
in the assistance of the police or constables, who shall first order 
all such school children to return to their homes ; and, if such 
order be not obeyed by the said children, the police or con- 
stables shall proceed to apprehend all such children who shall 
not halve proceeded to their homes, and cause them to be 
detained in the lock-up over night, to be brought before the 
Police or District Magistrate on the following morning, to be 
punished according to the provisions of the law relating to 
truancy. 

Section 3. This Act shall become a law, from and after the 
date of its approval. 

Approved this 18th day of July, A. D. 1870. 

KAMEHAMEHA E. 



17 

AN ACT 
To Regulate Independent Schools in eelation to sessions 

AND qualifications OP TeACHERS, 

Be it Enacted hy the King and the Legislative Assembly of^the 
Haioaiian Islands, in the Legislature of the Kingdom assembled^: 

Section l. Independent Schools tbroiigliout the Kingdom, 
and all Schools other than Government Schools, shall hold 
sessions at least one hundred and eighty days during each year, 
and each daily session shall be at least three hours long. 

Section 2. Any person desirous of establishing an Independ- 
ent School, shall make an application in writing to that effect, 
to the School Agent of the District in which he may desire to 
establish his School ; which application shall be accompanied 
by a memorial from the parents and guardians of the children 
proposed to be gathered into a school, stating that the appli- 
cant is the person of their choice for a teacher of their children. 

Section 3. Upon receiving an application from any person, 
as provided for in Section 2 above, the District ScboDl Agent 
shall, within five days of the reception thereof, notify the ap- 
plicant that an examination will be held in regard to his quali- 
fications as an instructor of youth, at a time, not later than three 
days from the date of such notification, and at such place as he 
may deem best. He shall also notify the applicant that it is 
his privilege to nominate any person he may deem fit, to act on 
a committee in conjunction with two other persons, one of 
whom shall be appointed b}' the School Agent and the other be 
chosen by the two appointees of the School Agent and applicant. 

Section 4. The Committee, as constituted in Section 3 above, 
shall immediately after organization, proceed to examine the 
applicant, in respect to his qualifications as an instructor of the 
young. If the result of such examination shall be favorable to 
the applicant, the Committee shall make a written report to 
that effect to the School Agent, and shall forthwith issue to the 
applicant, a certificate, setting forth his qualifications ; and 
such certificate shall be signed by all the members of the Com- 
3 



^ 



18 

mittee and attested by the School Agent, and shall be deemed 
full authority, permitting the holder thereof to establish a 
School, under the provisions of this Act. 

pECTiON 5. Any person who may receive a certificate as 
provided for in Section 4, of this Act, and who shall neverthe- 
less violate any of the provisions of this Act, shall be liable to 
a withdrawal of his certificate as teacher, upon complaint en- 
tered and proved before any Police or District Magistrate, 
School Agent or the Inspector General of Schools. 

Section 6. Nothing in this Act contained, shall be construed 
to forbid the establishment of Select and Independent Schools, 
when established by competent persons possessing good certifi- 
cates from abroad, or by persons who shall have been known to 
have been successfully employed as teachers, either at home or 
abroad, provided the same be not of an immoral tendency. 

Section 7. No assemblage of children for the avowed pur- 
pose of Instruction, shall be deemed a school, within the provi- 
sions of Law, unless the same shall conform to the provisions 
of this Act. 

Section 8. This Act shall become a law, from and after the 
date of its approval, and all laws and parts of laws in conflict 
with this Act are hereby repealed. 

Approved this 19th day of July, A. D. 1870. 

KAMEHAMEHA E. 



e 



19 

AN ACT 
To Repeal an Act entitled "An Act authoeizing the Board 
OF Education to establish an Industrial and Reformatory 
School, FOR the Care and Education of Helpless and Neg- 
lected Children, as also for the Reformation of Juvenile 
Offenders," approved December 30th, A. D, 1864, and to 
authorize the Board of Education to continue the Indus- 
trial AND Reformatory School at Keoneula, Kapalama, 
Oahu ; as well as to institute or establish, when necessary, 
other Industrial and Reformatory Schools. 

Be it Enacted hy the King and the Legislative Assembly of the 
Hawaiian Islands, in the Legislature rf the Kingdom Assembled : 

Section 1. That the Act, entitled "An Act authorizing the 
Board of Education to establish an Industrial and Reformatory 
School, for the care and education of helpless' and neglected 
children, as also for the reformation of juvenile offenders," ap- 
proved December 30th, 1864, be, and the same is hereby re- 
pealed, from Section 1 to Section 10, inclusive. 

Section 2. The Board of Education is hereby authorized to 
continue the Industrial and Reformatory School established in 
March, A. D. 1865, at Keoneula, Kapalama, Oahu, under the 
Act of December 30th, 1864, authorizing the same ; to be, as 
heretofore, conducted under the direction and supervision of 
the Board of Education. 

Section 3. It shall be lawful for the Board of Ediication to 
institute and establish Industrial and Reformatory Schools in 
any part of the Kingdom, when the same shall be deemed 
necessary, and when funds shall be available by Legislative ap- 
propriation, for that object. All such Schools shall be con- 
ducted under the direction and supervision of the Board of 
Education. 

Section 4. The only object of the said Industrial and Refor- 
matory Schools shall be the detention, management, education, 
emploj^ment, reformation and maintenance of such children as 
shall be committed thereto, as Orphans, Vagrants, Truants, 
living an idle or dissolute life, who shall be duly convicted of 



^ 



20 

any crime or misdemeanor, who shall be surrendered to the 
Board of Education as guardians thereof, for the term of their 
minority, or who shall be received at such Schools as herein- 
after provided. 

k^ECTiON 5. The Police or District Justices are hereby author, 
ized to commit all offenders duly convicted before them, under 
fifteen 3^ears of age, to said Industrial and Reformatory Schools, 
in all cases where they shall deem such sentence to be more 
suitable than the punishment otherwise authorized by law. 

Section 6. The said Police or District Justices, on the repre- 
sentation of any member of the Board of Education, its Agents, 
the. Attorney General or his authorized deputy, the Marshal or 
his deputy, or the Sheriff or Deputy Sheriff of any Island ; 
shall have power to hear and determine any case, and to sen- 
tence for any term within their minority to some Industrial 
and Reformatory School, any child under fifteen years of age, 
w^ho lives an idle or dissolute life, whose parents are dead, or 
if living, from drunkenness or other vices or causes, shall ne- 
glect to provide suitable employment for, or exercise salutary 
control over such child. 

Section 7. The Board of Education, or its Agents, if author- 
ized by the said Board, shall have power to accept from the 
parents or guardian of any child, the surrender of such child 
for the term of his or her minority, to be entered at some In- 
dustrial and Reformatory School : and all the rights of parents 
or guardians, to keep, control, educate, employ, indenture or 
discharge such child, shall vest solely in the Board of Education. 

Section 8. It shall be lawful for the Board of Education, in 
its discretion, to receive into such Industrial and Reformatory 
Schools, the children under fifteen years of age, of parents, 
guardians or adoptive parents, who shall desire the same ; and 
the said Board is hereby authorized to charge fees, or remit the 
same in special cases, for the children so admitted, as in the 
judgment of the said Board shall seem proper. 

Section 9. The Principals of -said Schools, shall receive and 
detain at said Industrial and Reformatory Schools, all children 



21 

who shall be committed thereto, or placed therein, »s provided 
in Sections 5, 6, 7 and 8 of this Act, and they shall be charged 
with the detention and custody of all children so committed or 
admitted, and with the execution of all orders, as well as pro- 
cess of Court, respecting such children. 

Section 10. It shall be lawful for the Board of Education, or 
its agents if authorized by said Board, to bind out as appren- 
tices, with their consent, all children over ten years of age, as 
shall be committed or surrendered for their minorit}^, and who 
shall have been admitted at any Industrial and Reformatory 
School, to such useful trades, employments, or occupations, as 
shall be suitable to their years and capacity, and as in the judg- 
ment of the said Board, will tend to the future benefit and ad- 
vantage of such children. • 

Section 11. Whenever it shall be found that apprenticeships 
can not be obtained, or suitable employment be provided at 
any Industrial and Reformatory School, for children over fifteen 
years of age, who shall have been committed or surrendered 
thereto, for their minority, or sentenced for a shorter time, for 
any crime or misdemeanor, the Board of Education or its agents, 
if authorized by the said Board, shall have authority to put 
them out to labor to families, or other suitable persons, upon 
such terms and conditions, as in the opinion of the said Board 
shall be deemed proper. 

Section 12. The Board of Education shall have power, for 
good reasons shown to its satisfaction, to discharge or tempora- 
rily release, any child committed to or admitted at any Indus- 
trial and Reformatory School, who shall not have been bound 
out as an apprentice or adopted. And the Police or District 
Justices, shall also have power to discharge from such schools, 
children committed from their respective districts, who shall 
not have been bound out as apprentices or adopted, if upon the 
hearing of any application for the same, said Judges shall con- 
sider that such discliai^'e is expedient. But it shall be incum- 
bent on said Police or District Justices, before granting any 
discharge that shall be applied for, to give thirty days notice of 
the same, in writing to the Board of Education. 



22 

Section 'IS. Any person who shall secretly or illegally abduct, 
or who shall be accessory to the secret or illegal abduction of 
au}^ child from any Industrial and Reformatory School, shall be 
fined not exceeding One Plundred Dollars, or imprisoned at 
h'krd labor not exceeding one year ; and any Police or District 
Justice shall have jurisdiction of any case arising under this 
Section, within his district. 

Section 14. Any person who shall knowingly or intentionally 
entice away any child from any Industrial and Reformatory 
School, or who shall knowingly harbor or secrete any child 
who shall have been enticed away, or who shall .have deserted 
from any such school, or who shall have left or forsaken his 
guardian or employer without permission, shall be fined not ex- 
ceeding One Hundred Dollars, in the discretion of the Police 
or District Justice having jurisdiction of the case, as in the last 
preceding Section provided. 

Section 15. All commitments to Industrial and Reformatory 
Schools, shall be directed to the Board of Education, or its 
authorized agents in the respective districts, but the Marshal 
of the Kingdom, or his deputies shall be charged by such com- 
mitments, with the execution of all orders for the custody and 
safe keeping of the children committed to the said Industrial 
and Reformatory Schools, until delivered over to the Principal 
of the School to which such children shall have been committed, 
and shall defray all expenses attending the conveyance of such 
children to their place of destination, from the funds under his 
or their control, available for such purposes. 

Section 16. It shall be incumbent on the Marshal or any of 
his deputies, to assist, as far as in their power lies, in the ap- 
prehension and recovery of deserters from any Industrial and 
Reformatory School, when requested to do so by the Board of 
Education, its agents or the Principal of any such School ; and 
likewise to assist as far as possible in enforcing order and 
maintaining discipline therein, should" circumstances at any 
time arise necessitating the exercise of such authority. 

Section 17. The Board of Education shall have full authority 
to prescribe rules and regulations, not in contrariety to the 



.23 

laws of the land, for the government, discipline and care of all 
Industrial and Reformatory Schools, continued, established, or 
instituted under this Act. 

Section 18. The Board of Education shall cause to be kept 
in every Industrial and Reformatory School, a Journal, in which 
shall be regularly entered, the reception, discharge, release, 
escape or death of each of the inmates ; together with all the 
particulars relating to such as shall be apprenticed, adopted or 
put out to work. An exact account shall also be kept by the 
Principal of each of the said schools, of all moneys and other 
avails received for work performed by the children, as well as 
of the expenditure of such moneys and avails as shall be au- 
thorized from time to time by the Board of Education. 

Section 19. This Act shall take effect and become a law, at 
the expiration of two months from the date of its approval. 
Approved this 21st day of July, A. D. 1870. 

' KAMEHAMEHA R. 



Lb N '08 



<5J 



